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1 results

  • 7 - Commentary on Winnebago Tribe of Nebraska v. Bigfire

  • from Part I - Gendered Justice
  • Edited by Bennett Capers, Fordham University, New York, Sarah Deer, University of Kansas, Corey Rayburn Yung, University of Kansas
  • Book:
    Feminist Judgments: Rewritten Criminal Law Opinions
    Published online:
    01 December 2022
    Print publication:
    15 December 2022, pp 131-167

  • Summary

    The case involved a mother who was charged with aiding and abetting her boyfriend for assaulting her one-year old son with a belt with a metal buckle. The mother was present at the time of the assault but the prosecution did not cite any other conduct by her to encourage the attack on the small child. The court upheld the conviction even though the defendant took no affirmative action in furtherance of the underlying crime. Rewriting this opinion offers an opportunity to explore the real-world dynamics of domestic abuse and the unique legal obligations placed on mothers to care for their children.